A third party petitioner is one who petitions on behalf of an H-1B worker who will work “at” a qualifying institution, but where the alien is or will be employed by the third party petitioner, not the qualifying institution. In this case the Client is a private practice with Offices on the campus of the medical facility and is engaged in training Medical Residents allowing them to be part of faculty at the medical facility. They see themselves as an extension of the Medical Facility’s fellowship program. However, Residents have to be transferred to our client for reasons related to hospital billing practices and medical malpractice insurance requirements. The Service issued an RFE questioning the ‘qualifying relationship’. This fact pattern repeats itself in so many ways with our Clients and we have successfully used a June 2006 Memo on the subject to allow our clients to hire qualified candidates.

Hi Yasmin, Looks like his H-1B is approved. Thanks for all your efforts and patience. -- Vanitha P – Legal Compliance Manager CT based IT Consulting Company (9/20/2012)

Attainment of an H-1B approval for a unique occupation is always challenging. An occupation that is unique and “in transition”, proved even more so for an H-1B for a Management Analyst-Healthcare Operations. In Matter of Caron International Inc., it was determined that where occupations are in transition, employers may be able to establish a position is professional in nature by demonstrating that the higher standard of a bachelor's degree has been consistently required for the more complex positions within their organization. We were charged with finding ways to successfully align the Beneficiary’s unique background with the unique responsibilities of the position.

Extraordinary Ability - Multinational Executive/Manager (EB1C)

Details

Wednesday, 21 March 2012 00:00

This is great A___!! Yasmin....many thanks for all your work on this.

I am grateful for your help. (3/13/12)

I received my approval notice (welcome letter) and email that the GC has been mailed via USPS. I should be receiving the physical card in a couple of days.

THANKS A LOT to both of you (and everyone else involved) for your patience and help with getting this through. (3/13/12)

Mr. A___ initially entered the U.S. in L-1A status. Subsequently his status was changed to H-1B status. Mr. A and his employer approached us to initiate the process of obtaining permanent residence. We realized that Mr. A___ was still functioning as a multinational executive/manager and qualified for EB-1C. We advised the client accordingly and initiated processing of an immigrant petition in the first preference. The USCIS issued a complex RFE challenging the Manager/Executive nature of the position. Our Office then responded with extensive documentation of the managerial/executive nature of the position. The response to the RFE was in excess of 40 pages and argued Mr. A___’s eligibility for the classification. The petition was approved on March 12, 2012.

EB-1A Extraordinary Ability – Tennis Player

Details

Tuesday, 03 January 2012 00:00

That's great news! Thanks for all the help.

We had obtained an O-1 as an outstanding tennis player for this client. He turned pro in 2005. He was selected to play Davis Cup for his Country in 2006. Then, in August of 2011, he began moving up in the rankings eventually being ranked 113 in the World. He was also given a wild card into the 2011 French Open. We pounced on this string of achievements to immediately make a case for EB-1A. When we learned his case had been approved and notified him, he was on his way to Australia to participate in the 2012 Australian Open Qualifying Rounds.

“This is your client for the EB-1-OR application through _____ Inc. I wanted to inform you that I have received the Green Card. Me and my wife would like to thank you from the bottom of our hearts for successfully managing our case to completion. We are extremely excited about this as it will open up a lot of opportunities for us. Also, wanted to share the news of the birth of our baby boy. He is 4 weeks old now.”

The Client came to us after being rejected for the EB-1B category by a prominent Law Firm that felt that his lack of a Ph.D. was a clear disqualification and he did not qualify for the EB-1 category. We reviewed his resume carefully and after a detailed discussion discovered his background was nothing less than extraordinary. Mr. Shenoy (assumed name) had obtained a Master’s degree in Food Science from the Number #1 ranked university for Food Science in the U.S. While employed with his current employer, Mr. Shenoy had invented a supplement which would allow patients maintain healthy blood glucose, triglyceride and cholesterol levels using a single product at a manageable daily dose. A patent application had been filed, but not granted. Evidentiary documentation of a key collaboration for the research along with the patent application, research methodology showing extensive testing and painstaking research over 24 months, publications (6) and evidence of membership were submitted.

The client approached us after being told he only qualified for an EB-2 PERM based Green Card application. His H-1B had been filed as a Mechanical Engineer. He had no patents or significant research publications to show. However, upon reviewing his resume, we found some significant highlights. His employer – a small business in Alabama, was a pioneering research company, providing critical technology to the U.S. Military. This along with the fact that our client had made a significant contribution to recent innovation within the Company made it possible for us to present a compelling case.

The petition was approved in record time.

Sportsperson – O-1 Visa/P-1 Visa

Details

Friday, 10 June 2011 00:00

O-1 Tennis Coach – Change of Status from Player to Coach

I feel very relieved now; thank you so much for all your help. I really appreciate it.

- P. Mahefu, Extraordinary Tennis Coach (June 10, 2011)

When he entered the U.S. as a player, P. Mahefu had impressive credentials. As a player, he had been part of his country’s Davis Cup team and was raring to play satellite tournaments in the U.S. After three years of playing the USTA circuit, he evolved into a teaching professional. When it was time to extend his visa, he wanted to know if we thought it would be advisable to change his status to that of a Tennis Coach. We reviewed his paperwork and discovered that he had been engaged to Coach his Country’s Davis Cup team and that he was also currently mentoring and coaching a top junior player on the East Coast. The O-1 Petition was filed with extensive documentation in the form of letters from the home country tennis federation and information about his coaching techniques. Since we used Premium Processing, we obtained an approval within a week.

H-1B

Details

Monday, 16 May 2011 00:00

Congrats! Ketan got approved I got an email this morning from the USCIS. Was a little worried without the end client letter, but we also had the confidence that we were in good hands! Thanks for taking care!

Santosh P, CFO IT Consulting Company, Phoenix AZ (May 2011)

Documenting ‘Employer-Employee Relationship’ in the H-1B context has become a key requirement for all H-1B filings. The Neufeld Memo on the subject requires that employers document the ‘right to control’ the employee at the client site and in the case of consulting companies requires evidence that is sometimes onerous given the relationship between the sponsoring company and the end client. In this case, the end client had a policy of not releasing any letters and we had to find ways of documenting the relationship effectively to show that the sponsor was indeed a true employer in the H-1B context. The email above speaks for itself.

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